In this continuing series on attorneys who have transitioned to other careers, I recently spoke with Bathabile Mthombeni, the associate ombuds officer at Columbia University. A graduate of Princeton University and Columbia Law School, Bathabile practiced at a corporate law firm before moving to her current position. Recently, she started her own conflict coaching and mediation practice, aptly named, Untangled Resolutions. While her practice is geared toward dealing with conflict in general, she plans to specialize in providing conflict coaching, mediation and communication skills building services to associates at large law firms and corporations We discussed her career path and her aspirations.

What drew you to law school? What possible avenues did you want to pursue when you first went to law school?

It was a combination of experiences. In high school, I was co-president of the ecology club. We helped build awareness of a development planned in Loma Linda, California, where I grew up. The residents voted down the development. Through the club, I was invited to be a member of an ad hoc committee to the city council, which exposed me to organizing and civics. After college, I worked for a company that performed pre-merger due diligence. I also worked for my parents’ medical practice, where I dealt with medical insurance companies. As a result of all of these experiences, I decided that law school was the right path for me.

Often the hardest job to land is your first job of out of law school. What was your first job out of law school and how did you land it?

I participated in early interview week on campus. I worked for two years as a litigator at a large corporate law firm in New York City.

Why did you decide to leave law? A large reason many people take traditional law jobs or don’t leave them is because of the massive debt many take on when they attend law school. How did you manage your student loans and what advice do you have others?

There were several influences. When I was at the law firm, I was staffed on a real estate matter, which dragged on forever! I remembered the mediation and negotiation clinic I took back in law school, which I loved, and thought, this would be resolved so much faster and fairly if the parties were willing to mediate. Of course, not all issues can be resolved through mediation – for instance, it might be better to litigate a case that would set a legal precedent. Victim/offender mediation does play an important and growing role in the criminal context, but mediation cannot replace the state’s role in determining guilt and punishment. Nonetheless, I missed using the communication and listening skills I had learned in law school. I missed helping two parties achieve a common resolution. I knew I had a talent for mediation. Indeed, after I joined the mediation clinic, I decided that mediation was what I was born to do.

How long did the entire process take, from the time you decided that you wanted to leave the law until you felt you were at a comfortable place in your new career? Were there several different jobs involved in the process or was it an immediate switch?

So when I was still with the firm, Carol Liebman, my mentor from law school, called me about the associate ombuds officer job at Columbia University. An organizational ombuds officer is a confidential, neutral third party who helps resolve disputes on virtually any issue related to the organization the ombuds serves. For example, an employee may have a sexual harassment complaint, but may be hesitant to go through the formal channels immediately. The ombuds officer talks through the harassed person’s concerns and clarifies the main issues involved. The two of us would consider both informal and formal ways of addressing and resolving the situation. Since an ombuds officer does not have a duty to report unless there is an imminent risk of serious harm, people feel comfortable approaching me to discuss their options. My job is to also inform people about all of the relevant resources available at the University.

Anyway, the first time Carol told me about the position I got cold feet and told her I wasn’t ready; I’d been at the firm for barely a year. A year later, the job was still available, so I decided to apply. As for managing my debt, my job pays a very comfortable salary.

Every other semester, I also teach a seminar called “Fundamentals of Organizational Ombuds Practice” at the School of Continuing Education at Columbia University for those pursuing an MS in negotiation and conflicts resolution.

Earlier this year I sat on a panel on careers in mediation at the New York City Bar Association. To prepare for my presentation, I read the material from last year’s presentations and I was very disturbed that many panelists said that you cannot make a living as a private mediator. I was puzzled because when I tell people how private mediation works, they are really excited about the benefits it offers over litigation. But in the traditional set-up, you join a roster of mediators and you’re called to mediate whenever an opportunity arises. Indeed, this can be a very tough way to make a living. I thought, why not directly reach out to potential clients? The benefits of divorce mediation have become widely recognized, and those benefits can apply in many other contexts. In many ways mediation is a superior process for resolving virtually any dispute. Think of the costs savings on attorneys fees alone! As a result, I started my own mediation practice, called Untangled Resolutions.

If you could change anything about your career path, what would you change?

I do miss the people I used to work with at the firm, as well as some of the perks!

Some believe that lawyers are too risk averse and this prevents them from breaking into new careers or trying a new path even though they may be unhappy in their current jobs. Do you relate to this sentiment? If so, how did you overcome that aversion to risk?

My parents set a great example for me by carefully planning and starting their own pediatric practice. They are a great source of advice to this day. I suppose you can call me somewhat risk-averse since I am keeping my day job while launching my own business on the side! I see it as a great way to use the mediation skills that I honed through the years.

What inspired your move into your current position? Were there particular individuals, books, role models or other sources that were instrumental in your career shift? What was most helpful and why?

Well, Carol Liebman, of course. My boss, University ombuds officer Marsha Wagner, is a great mentor. She has been in her position since 1991 and has so much knowledge. I also belong to the International Ombudsman Association.

What are your thoughts on changing the current law school curriculum to make it more practice focused? Do you think this would be more or less beneficial to students pursuing an alternate career path?

I think practical classes, like the mediation clinic and the negotiation seminar I took, are very helpful. I enjoyed learning the theoretical concepts in the core classes, but sometimes I wished law school would place that information in a more practical context.

What advice do you have for law students or practicing attorneys considering an alternate career path?

I read a fantastic book called, the 4-Hour Workweek by Timothy Ferris. The message is that you shouldn’t suffer now only to live later. It helped me evaluate my life and see where I could use a little pruning and trimming. The book reminds me to live now, to do what fulfills me and to always use my talents and pursue my passion.

In what ways, if any, do you use your legal training in your current position? Do you think getting a JD helped you in the long run and if so, how?

I rely on my legal training quite a lot. It helps in so many different ways. For example, it taught me how to spot issues, organize information and understand how and where the rules apply. Legal training helps you break down information in a systematic fashion and evaluate the merits and pitfalls of the potential solutions. I think my legal training enables me to understand and analyze the whole picture.

Do you ever miss practicing or studying law? Would you ever return to it?

When I was at the firm, I saw those who genuinely enjoyed practicing, which was great. I could practice law but I love mediation and conflict coaching. It’s what I was born to do.

(Photo of Bathabile Mthombeni taken by photographer, Ricky Day)